This original collection of jurisprudential essays furthers our
understanding of the nature of rights. In Part 1, Halpin considers the
value of Hohfeldian neutrality when theorising about law in general,
and legal rights in particular, and Kurki focuses on Hohfeld's
operative notion of power. In Part 2, Kramer rebuts Wenar's objections
to his Interest Theory of rights, and May provides a comparative
defence of the Interest Theory against Wenar's Kind-Desire theory of
claim-rights. Penner then pursues legal doctrine, focusing on whether
judges hold the powers of their office as rights, an issue over which
Wenar and Kramer have clashed. Sreenivasan, utilising a novel test
case involving pure public goods, argues that the third party
beneficiary objection to the Interest Theory is fatal. McBride builds
on Sreenivasan's Hybrid Theory of claim-rights to construct his new
Tracking Theory of rights. Cruft then argues that the best extant
versions of the Interest and Will Theories of rights cannot avoid a
form of circularity, and Van Duffel argues that meeting four adequacy
constraints, which he proposes, counts in favour of any theory of
rights. In Part 3, Andersson proposes a tie breaking procedure for
rights conflicts in the applied realm of politics, and Steiner
concludes by alleging that Kant's principle of right, a standard of
corrective justice, has distributive implications. 'A fine collection
of cutting-edge essays on the most important normative concept of
modernity.' Professor Leif Wenar, King's College London 'This
important collection proceeds much beyond the famous 1998 A Debate
Over Rights which sets the stage for the debates concerning rights
since then. It explores three aspects of rights. First it re-examines
the Hohfeldian classification and highlights its importance and
relevance. Second it investigates and develops the debates between the
interest and the will theory. It includes essays by the main
established proponents of these two positions as well as essays by
newcomers to this field. The different essays in this part address
each other in ways which sharpen and clarify the disagreements and
provide new original arguments for the contending views. Last, it
provides a new perspective on the debates concerning conflicts of
rights and the ways to overcome them. This collection will no doubt
dominate the future conceptual discussions concerning the nature of
rights and their role in political theory.' Professor Alon Harel, The
Hebrew University of Jerusalem
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Produktdetaljer
ISBN
9781509910168
Publisert
2020
Utgave
1. utgave
Utgiver
Bloomsbury UK
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter